Pay Equity Reaching Compliance and Ongoing Administration Presented - PowerPoint PPT Presentation

Pay Equity Reaching Compliance and Ongoing Administration Presented by: Laurie L. Grenya, SPHR Co-President

Toda oday’s Agen Agenda • Hist History ry of Pay Equ of Pay Equity • Oregon’s 2 on’s 2017 and 2 2019 legislati islation on • Oregon’s A on’s Admini inistrativ trative R e Rules es • Step Steps to Comp to Compliance ce • Adminis ministration C tration Consider siderati ations ons • Questions tions

His istory of of Pay Pay Equi Equity • The The Fede Federal Equa Equal Pay Act Pay Act was was passe passed in 1 in 1963 as as an an amen amendment to to the Fair Labo the Fair Labor Stan Standard rds Act of Act of 1938  Mand ndated d that hat men n or women n recei eive e equa qual pay when hen working g jobs bs that at requ quire “equ qual l skill, effort, and nd respon onsibi bility, and nd whi hich are e per erformed ed unde nder similar working g condi onditions ns”  Provided al allowance for or pay pay di differences on on the he bas basis of of “mer erit, sen eniority, wor worker’s qual uality or quant uantity of prod oduc uction on and nd other her factors not det etermine ned d by gend ender” • Educ Educational Amen Amendment of of 1972 expan expanded the reach the reach of of the Equa the Equal Pay Pay Act to incl Act to include whit white-collar e collar executi tive, e, p professional a essional and a administr inistrati ative e jobs jobs

His istory of of Pay Pay Equi Equity - cont ntinued inued • Orego Oregon Passe Passed it’ it’s own equa own equal pay pay leg legislation in in the earl the early 80’s. ’s.  Mand ndated d that hat “No o empl ployer er shal hall in any manne anner discrimina nate bet etwe ween n the e sexes in the he pay aymen ent of wage ages for wor ork of compa parabl ble char aracter, the he perfor ormance e of which h requi uires es compa parabl able skills.”  Mand ndated d that hat “No o empl ployer er shal hall pay ay wages ages to any empl ployee ee at a rate less than han that hat at whi hich the he empl ploy oyer pay ays wages ages to empl ploy oyees of the he oppos pposite sex for work of compa parabl ble char aracter, the he perfor ormance e of which h requi equires compa parab able e skills.”

Oregon’s gon’s 2 2017 a and 2 2019 Legis islat lation ion House B Bill 2005 2005 (2017) 2017) • Emp Employe yers are s are proh prohibited from from seeki seeking the the pay histo pay history of y of an an appl applica cant or or employee ( loyee (Effectiv ective O e October ber 6, 2017) • Emp Employe yers may s may not, not, in any in any mann manner, r, discr discriminate betw between empl employees on s on the basi the basis of s of an an emp employe yee’s statu s status as s as a a memb member of of a a prot protect cted class class in in the payme the payment of of wage wages or s or othe other comp compensa sation for work for work of of comparable arable charac acter; ter; d defined fined as Knowledge, wledge, S Skill, ll, E Effort, ort, Respons ponsibi ibili lity ty a and Working C king Condi ditions tions (Eff (Effect ctive ve Janua January 1 y 1, 2019)

Oregon’s gon’s 2 2017 a and 2 2019 Legis islat lation ion - cont ntinued inued House B Bill 2005 2005 (2017) 2017) - continued tinued • Provides vides a allow lowance f ance for differenc ferences es in c compens ensati ation f on for the f following llowing reaso reasons onl s only; (Eff y; (Effect ctive ve Janua January 1 y 1, 2019)  A seniority system;  Education;  A merit system;  Training;  A system that measures earnings by  Experience; or quantity or quality of production,  Any combination of these factors, if the including piece-rate work; combination of factors accounts for the  Workplace locations; entire compensation differential.  Travel, if travel is necessary and regular ORS 652.220(2). for the employee;

Oregon’s gon’s 2 2017 a and 2 2019 Legis islat lation ion - cont ntinued inued Senate B Bill 123 123 (2019) 2019) • Prov Provides except s exception to to comp compara rable chara charact cter for accomm for accommodation made made thro through the ADA the ADAAA. • Prov Provides except s exception to to comp compara rable chara charact cter for lig for light duty duty offe offere red as as the the resul result of of restr restrict ctions rela s related to to a a Worke Workers Comp s Compensa sation clai claims. s. • Dire Direct cts the court the courts to s to requ require the eli the elimination of of wage wage diff difference ces and and the the payme payment of of lost lost wages wages rath rather than than lea leavi ving thi this a s a discre discretionary ry choic choice. • Clar Clarifies that s that if if lang language in in a a CBA ali CBA aligns with s with one of one of the the eig eight facto factors of s of allowable p lowable pay differenc ference t e the l language i guage is allow lowabl able. e.

Oregon’s gon’s A Adminis nistrat rativ ive R e Rules es Rules supporting the 2019 legislation have not been written yet. • 839-008-0000 Definitions • 839-008-0005 Seeking and Screening Job Applicants Based on Compensation • 839-008-0010 Work of Comparable Character • 839-008-0015 Bona Fide Factors that May Be Considered in Paying Employees Performing Work of Comparable Character at Different Compensation Levels • 839-008-0020 Determining Benefits as Part of Compensation • 839-008-0025 Reductions in Employee Compensation • 839-008-0030 Required Posting and Notice Requirements • 839-008-0035 Individual Acts of Remuneration as Distinct Violations

Oregon’s gon’s A Adminis nistrat rativ ive R e Rules es - cont ntinued inued Seek Seeking and Scree and Screening Job Job App Applicants Based s Based on on Comp Compensa sation • Sal Salary ry hist history y canno cannot be asked be asked of the of the appl applica cant • App Applica cations canno s cannot be be screen screened by by wage wage hist history ry • Sal Salary ry hist history canno y cannot be be sough sought with without havi having made made a a cont contingent offe offer r with with a a tota total compe compensation packa package • You may You may ask ask abou about an an app applica cants desir desired wage wage for the job for the job • If hist If history ry is share is shared or or recei received, be clea be clear wit with the the app applica cant that that the the info information wil will not be not be used in used in the deci the decisi sion maki making proce processe sses. Then Then, docum document for the for the fil file

Oregon’s gon’s A Adminis nistrat rativ ive R e Rules es - cont ntinued inued Work Work of Comp of Compara rable Char Charact cter • Knowledge wledge – not def not defined • Skil Skill – not defi not defined • Effort ort – not defi not defined • Responsibil onsibility ity – not def not defined • Working C king Condi ditions tions – “Inc “Includes work envir s work environment, hours, hours, time time of of day, day, physi physical surrou surroundings and pote s and potential haza hazard rds enco encountere red by by an an employee. loyee.”

Oregon’s gon’s A Adminis nistrat rativ ive R e Rules es - cont ntinued inued Exceptions t ptions to Comparable P parable Pay – MUST MUST BE BE RELA RELATED TO TO THE JOB THE JOB  A seniority system (wit (within the the  Education (rela (related to to the job) the job); organiz anizati ation) on);  Training (rela (related to to the job) the job);  A merit system;  Experience (rela (related to to the job) the job); or  A system that measures earnings  Any combination of these factors, by quantity or quality of if the combination of factors production, including piece-rate accounts for the entire work; compensation differential. ORS  Workplace locations; 652.220(2).  Travel, if travel is necessary and regular for the employee;

Oregon’s gon’s A Adminis nistrat rativ ive R e Rules es - cont ntinued inued Dete Determ rmining Bene Benefits as s as Part Part of of Comp Compensa sation • An n em employer m may ay pr prov ovide dif different ben benefits as as par part of of compe pens nsat ation ion t to e emplo loyees ees p perfor orming ng wo work o of c compar parable able char arac acter er i if:  The same The same bene benefit opti options are are offe offere red to all to all emp employe yees perf performing work of work of comp compara rable chara character. r.